Kelsey Hunt and Jessica Gallinaro | Wiley Rein The United States Court of Appeals for the First Circuit, applying Massachusetts law, has held that an insurer does not need to prove that it was prejudiced by the insured’s untimely notice to deny coverage under a “claims-made” policy. Stormo v. State Nat’l Ins. Co., 2024 WL 4234670… Continue reading Insurers Need Not Prove Prejudice to Deny Coverage for Failure to Provide “Prompt Written Notice” Under a Claims-Made Policy
Tag: Claims Made Insurance Policy
Seventh Circuit Takes Broad View Of Relatedness Under D&O ‘Claims Made’ Policies
Kian Hudson, Kevin B. Dreher and Kathryn Lee Wilhoit | Barnes & Thornburg Highlights Federal appeals court holds a complaint that originally has one declaratory-relief claim against one company and is amended to add damages claims against additional companies and directors constitutes a single claim for the purposes of a “claims made” D&O policy The… Continue reading Seventh Circuit Takes Broad View Of Relatedness Under D&O ‘Claims Made’ Policies
The Importance of Adding a Mediation Provision to Representations and Warranties Policies
Peter Rosen | JAMS I recently mediated a dispute involving a claims-made policy with a condition precedent to either side commencing litigation: mediation. Specifically, the policy stated the following: The Insurer and the Insured agree that they will attempt in good faith to negotiate a resolution to any dispute arising out of this Policy. In… Continue reading The Importance of Adding a Mediation Provision to Representations and Warranties Policies
Court of Appeals Discusses the Difference Between “Claims-Made” and “Occurrence-Based” Insurance Policies
Garret Murai | California Construction Law Blog As most contractors know, scope, price and time are the “big” three in any construction contract. Nearly as important, however, are the insurance provisions. Patricularly, when things go bad on a construction project. As the next case, Guastello v. AIG Specialty Insurance Company 61 Cal.App.5th 97 (2021) discusses, the difference… Continue reading Court of Appeals Discusses the Difference Between “Claims-Made” and “Occurrence-Based” Insurance Policies
Claims Made Insurance Policies
David Adelstein | Florida Construction Legal Updates | August 11, 2019 “Claims-made policies are common in the professional liability insurance market. They “differ from traditional ‘occurrence’-based policies primarily based upon the scope of the risk against which they insure.” With claims-made policies, coverage is provided only where the act giving rise to coverage “is discovered and brought… Continue reading Claims Made Insurance Policies